BEST VALUE
BID
Solicitation Number
Date Printed
Date Issued
Procurement Officer
Phone
E-Mail Address
USC-BVB-2679-MR
08/18/2014
08/18/2014
Michelle Robinson, CPPB
803-777-5253
DESCRIPTION: Recycling of Surplus Property
USING GOVERNMENT AGENCY: UNIVERSITY OF SOUTH CAROLINA
The Term "Offer" Means Your "Bid" or "Proposal".
SUBMIT OFFER BY: (Opening Date/Time): September 8, 2014 at 2:00
PM See "Deadline for Submission of Offer" provision
QUESTIONS MUST BE RECEIVED BY: August 29, 2014 by
11:00 AM See "Questions From Offerors" provision
NUMBER OF COPIES TO BE SUBMITTED: Original and Three (3) Copies marked “Copy”. (Original shall
Prevail)
Offers must be submitted in a sealed package. Solicitation Number & Opening Date must appear on package exterior.
SUBMIT YOUR SEALED OFFER TO EITHER OF THE FOLLOWING ADDRESSES:
MAILING ADDRESS: PHYSICAL ADDRESS:
University of South Carolina – Purchasing Dept.
1600 Hampton St., Suite 606
Columbia, SC 29208
University of South Carolina – Purchasing Dept.
1600 Hampton St., Suite 606
Columbia, SC 29208
See "Submitting Your Offer" provision
CONFERENCE TYPE: N/A
DATE & TIME: N/A
As appropriate, see “Conferences-Pre-Bid/Proposal” & “Site Visit” provisions
LOCATION: N/A
AWARD &
AMENDMENTS
Award will be posted at the Physical Address stated above on 9/22/2014. The award, this solicitation, and any
amendments will be posted at the following web address: http://purchasing.sc.edu
You must submit a signed copy of this form with Your Offer. By submitting a bid or proposal, You agree to be bound by the terms of the Solicitation.
You agree to hold Your Offer open for a minimum of sixty (60) calendar days after the Opening Date.
NAME OF OFFEROR (Full legal name of business submitting the offer)
OFFEROR'S TYPE OF ENTITY: (Check one)
__Sole Proprietorship
__Partnership
__Corporate entity (not tax-exempt)
__Tax –exempt corporate entity
__Government entity (federal, state, or local)
__Other _________________________
(See "Signing Your Offer" provision.)
AUTHORIZED SIGNATURE
(Person signing must be authorized to submit binding offer to enter contract on behalf of Offeror named above.)
TITLE (Business title of person signing above)
PRINTED NAME (Printed name of person signing above)
DATE SIGNED
Instructions regarding Offeror's name: Any award issued will be issued to, and the contract will be formed with, the entity identified as the offeror above.
An offer may be submitted by only one legal entity. The entity named as the offeror must be a single and distinct legal entity. Do not use the name of a branch office or a division of a larger entity if the branch or division is not a separate legal entity, i.e., a separate corporation, partnership, sole
proprietorship, etc.
STATE OF INCORPORATION (If offeror is a corporation, identify the state of Incorporation.)
TAXPAYER IDENTIFICATION NO.
(See “Taxpayer Identification Number” provision)
PAGE TWO (Return Page Two with Your Offer)
HOME OFFICE ADDRESS (Address for offeror's home office /
principal place of business) NOTICE ADDRESS (Address to which all procurement and contract
related notices should be sent.) (See "Notice" clause)
Area Code
Number Extension Facsimile
E-mail Address
PAYMENT ADDRESS (Address to which payments will be
sent.) (See "Payment" clause)
ORDER ADDRESS (Address to which purchase orders will be sent)
(See "Purchase Orders” and "Contract Documents" clauses)
__ Payment Address same as Home Office Address
__ Payment Address same as Notice Address (check only
one)
__ Order Address same as Home Office Address
__ Order Address same as Notice Address (check only one)
ACKNOWLEDGMENT
OF AMENDMENTS
Offerors acknowledges
receipt of amendments by
indicating amendment
number and its date of issue.
See "Amendments to
Solicitation" Provision
Amendment
No.
Amendment
Issue Date
Amendment
No.
Amendment
Issue Date
Amendment
No.
Amendment
Issue Date
Amendment
No.
Amendment Issue
Date
DISCOUNT FOR
PROMPT PAYMENT See "Discount for Prompt
Payment" clause
10 Calendar Days (%) 20 Calendar Days (%) 30 Calendar Days (%) _____Calendar Days (%)
PREFERENCES – SC RESIDENT VENDOR
PREFERENCE (June 2005): Section 11-35-1524 provides a
preference for offerors that qualify as a resident vendor. A resident
vendor is an offeror that (a) is authorized to transact business within
South Carolina, (b) maintains an office* in South Carolina, (c) either
(1) maintains a minimum $10,000.00 representative inventory at the
time of the solicitation, or (2) is a manufacturer which is
headquartered and has at least a ten million dollar payroll in South
Carolina, and the product is made or processed from raw materials
into a finished end-product by such manufacturer or an affiliate (as
defined in section 1563 of the Internal Revenue Code) of such
manufacturer, and (d) has paid all assessed taxes. If applicable,
preference will be applied as required by law.
OFFERORS REQUESTING THIS PREFERENCE
MUST INITIAL HERE. ______________.
*ADDRESS AND PHONE OF IN-STATE OFFICE
__ In-State Office Address same as Home Office Address
__ In-State Office Address same as Notice Address (CHECK ONLY ONE )
PREFERENCES – SC/US END-PRODUCT (June 2005): Section 11-35-1524
provides a preference to vendors offering South Carolina end-products or US end-
products, if those products are made, manufactured, or grown in SC or the US,
respectively. An end-product is the item identified for acquisition in this solicitation,
including all component parts in final form and ready for the use intended. The terms
“made,” “manufactured,” and “grown” are defined by Section 11-35-1524(B). By
signing your offer and checking the appropriate space(s) provided and identified on the
bid schedule, offeror certifies that the end-product(s) is either made, manufactured or
grown in South Carolina, or other states of the United States, as applicable. Preference
will be applied as required by law.
IF THIS PREFERENCE APPLIES TO
THIS PROCUREMENT, PART VII
(BIDDING SCHEDULE) WILL INCLUDE
A PLACE TO CLAIM THE
PREFERENCE.
OFFERORS REQUESTING THIS
PREFERENCE MUST CHECK THE
APPROPRIATE SPACES ON THE
BIDDING SCHEDULE.
PAGE TWO (JAN. 2006) End of Page Two
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Solicitation Outline
I. Scope of Solicitation
II. Instructions to Offerors
A. General Instructions
B. Special Instructions
III. Scope of Work / Specifications
IV. Information for Offerors to Submit
V. Qualifications
VI. Award Criteria
VII. Terms and Conditions
A. General
B. Special
VIII. Bidding Schedule / Cost Proposal
IX. Attachments to Solicitation
I. SCOPE OF SOLICITATION
The purpose of this solicitation is to acquire a competitive solution to recycle approved surplus property.
Recycling of surplus is an important environmental concern for the state. The University of South Carolina
Consolidated Services is establishing a contract to cover the collection, sale and proper disposal of approved
surplus. This will be a revenue generating contract.
ACQUIRE SERVICES (JAN. 2006): The purpose of this solicitation is to acquire services complying with
the enclosed description and/or specification and conditions.
MAXIMUM CONTRACT PERIOD -– ESTIMATED (JAN 2006): Start date: September 22, 2014 End date:
September 21, 2019. Dates provided are estimates only. Any resulting contract will begin on the date specified
in the notice of award. See clause entitled “Term of Contract - Effective Date/Initial Contract Period”.
II. INSTRUCTIONS TO OFFERORS – A. GENERAL INSTRUCTIONS
DEFINITIONS (JAN. 2006) EXCEPT AS OTHERWISE PROVIDED HEREIN, THE FOLLOWING
DEFINITIONS ARE APPLICABLE TO ALL PARTS OF THE SOLICITATION.
AMENDMENT – means a document issued to supplement the original solicitation document.
BUYER – means the Procurement Officer.
CHANGE ORDER - means any written alteration in specifications, delivery point, rate of delivery, period of
performance, price, quantity, or other provisions of any contract accomplished by mutual agreement of the
parties to the contract.
CONTRACT - See clause entitled “Contract Documents & Order of Precedence.”
CONTRACT MODIFICATION – means a written order signed by the Procurement Officer, directing the
contractor to make changes which the changes clause of the contract authorizes the Procurement Officer to order
without the consent of the contractor.
CONTRACTOR - means the Offeror receiving an award as a result of this solicitation.
COVER PAGE – means the top page of the original solicitation on which the solicitation is identified by
number. Offerors are cautioned that Amendments may modify information provided on the Cover Page.
OFFER – means the bid or proposal submitted in response this solicitation. The terms “Bid” and “Proposal” are
used interchangeably with the term “Offer.”
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OFFEROR – means the single legal entity submitting the offer. The term “Bidder” is used interchangeably with
the term “Offeror.” See bidding provisions entitled “Signing Your Offer” and “Bid/Proposal As Offer To
Contract.”
ORDERING ENTITY - Using Governmental Unit that has submitted a Purchase Order.
PAGE TWO – means the second page of the original solicitation, which is labeled Page Two.
PROCUREMENT OFFICER – means the person, or his successor, identified as such on the Cover Page.
YOU and YOUR – means Offeror.
SOLICITATION – means this document, including all its parts, attachments, and any Amendments.
STATE – means the Using Governmental Unit(s) identified on the Cover Page.
SUBCONTRACTOR – means any person having a contract to perform work or render service to Contractor as a
part of the Contractor’s agreement arising from this solicitation.
USING GOVERNMENTAL UNIT – means the unit(s) of government identified as such on the Cover Page. If
the Cover Page names a “Statewide Term Contract” as the Using Governmental Unit, the Solicitation seeks to
establish a Term Contract [11-35-310(35)] open for use by all South Carolina Public Procurement Units [11-35-
4610(5)].
WORK - means all labor, materials, equipment and services provided or to be provided by the Contractor to
fulfill the Contractor’s obligations under the Contract.
AMENDMENTS TO SOLICITATION (JAN. 2006): (a) The Solicitation may be amended at any time prior
to opening. All actual and prospective Offerors should monitor the following web site for the issuance of
Amendments: http://purchasing.sc.edu. (b) Offerors shall acknowledge receipt of any amendment to this
solicitation (1) by signing and returning the amendment, (2) by identifying the amendment number and date in
the space provided for this purpose on Page Two, (3) by letter, or (4) by submitting a bid that indicates in some
way that the bidder received the amendment. (c) If this solicitation is amended, then all terms and conditions
which are not modified remain unchanged.
AWARD NOTIFICATION (NOV. 2007): Notice regarding any award or cancellation of award will be posted
at the location specified on the Cover Page. If the contract resulting from this Solicitation has a total or potential
value of fifty thousand dollars or more, such notice will be sent to all Offerors responding to the Solicitation.
Should the contract resulting from this Solicitation have a total or potential value of one hundred thousand
dollars or more, such notice will be sent to all Offerors responding to the Solicitation and any award will not be
effective until the eleventh day after such notice is given.
BID / PROPOSAL AS OFFER TO CONTRACT (JAN. 2006): By submitting Your Bid or Proposal, You are
offering to enter into a contract with the Using Governmental Unit(s). Without further action by either party, a
binding contract shall result upon final award. Any award issued will be issued to, and the contract will be
formed with, the entity identified as the Offeror on the Cover Page. An Offer may be submitted by only one
legal entity; “joint bids” are not allowed.
BID ACCEPTANCE PERIOD (JAN. 2006): In order to withdraw Your Offer after the minimum period
specified on the Cover Page, You must notify the Procurement Officer in writing.
BID IN ENGLISH & DOLLARS (JAN. 2006): Offers submitted in response to this solicitation shall be in the
English language and in US dollars, unless otherwise permitted by the Solicitation.
CERTIFICATE OF INDEPENDENT PRICE DETERMINATION (MAY 2008):
GIVING FALSE, MISLEADING, OR INCOMPLETE INFORMATION ON THIS CERTIFICATION
MAY RENDER YOU SUBJECT TO PROSECUTION UNDER SECTION 16-9-10 OF THE SOUTH
CAROLINA CODE OF LAWS AND OTHER APPLICABLE LAWS.
(iii) By submitting an offer, the offeror certifies that-
(1) The prices in this offer have been arrived at independently, without, for the purpose of restricting
competition, any consultation, communication, or agreement with any other offeror or competitor relating to-
5
(i) Those prices;
(ii) The intention to submit an offer; or
(iii) The methods or factors used to calculate the prices offered.
(2) The prices in this offer have not been and will not be knowingly disclosed by the offeror, directly or
indirectly, to any other offeror or competitor before bid opening (in the case of a sealed bid solicitation) or
contract award (in the case of a negotiated solicitation) unless otherwise required by law; and
(3) No attempt has been made or will be made by the offeror to induce any other concern to submit or not to
submit an offer for the purpose of restricting competition.
(b) Each signature on the offer is considered to be a certification by the signatory that the signatory-
(iii) Is the person in the offeror’s organization responsible for determining the prices being offered in this bid
or proposal, and that the signatory has not participated and will not participate in any action contrary
to paragraphs (a)(1) through (a)(3) of this certification; or
(2)(i) Has been authorized, in writing, to act as agent for the offeror’s principals in certifying that those
principals have not participated, and will not participate in any action contrary to paragraphs (a)(1) through
(a)(3) of this certification [As used in this subdivision (b)(2)(i), the term “principals” means the person(s) in the
offeror’s organization responsible for determining the prices offered in this bid or proposal];
(ii) As an authorized agent, does certify that the principals referenced in subdivision (b)(2)(i) of this certification
have not participated, and will not participate, in any action contrary to paragraphs (a)(1) through (a)(3) of this
certification; and
(iii) As an agent, has not personally participated, and will not participate, in any action contrary to paragraphs
(a)(1) through (a)(3) of this certification.
CERTIFICATION REGARDING DEBARMENT AND OTHER RESPONSIBILITY MATTERS
(JAN.2006):
(a)(1) By submitting an Offer, Offeror certifies, to the best of its knowledge and belief, that-
(i) Offeror and/or any of its Principals-
(A) Are not presently debarred, suspended, proposed for debarment, or declared ineligible for the award of
contracts by any state or federal agency;
(B) Have not, within a three-year period preceding this offer, been convicted of or had a civil judgment rendered
against them for: commission of fraud or a criminal offense in connection with obtaining, attempting to obtain,
or performing a public (Federal, state, or local) contract or subcontract; violation of Federal or state antitrust
statutes relating to the submission of offers; or commission of embezzlement, theft, forgery, bribery,
falsification or destruction of records, making false statements, tax evasion, or receiving stolen property; and
(C) Are not presently indicted for, or otherwise criminally or civilly charged by a governmental entity with,
commission of any of the offenses enumerated in paragraph (a)(1)(i)(B) of this provision.
(ii) Offeror has not, within a three-year period preceding this offer, had one or more contracts terminated for
default by any public (Federal, state, or local) entity.
(2) "Principals," for the purposes of this certification, means officers; directors; owners; partners; and, persons
having primary management or supervisory responsibilities within a business entity (e.g., general manager; plant
manager; head of a subsidiary, division, or business segment, and similar positions).
(b) Offeror shall provide immediate written notice to the Procurement Officer if, at any time prior to contract
award, Offeror learns that its certification was erroneous when submitted or has become erroneous by reason of
6
changed circumstances.
(c) If Offeror is unable to certify the representations stated in paragraphs (a)(1), Offer must submit a written
explanation regarding its inability to make the certification. The certification will be considered in connection
with a review of the Offeror's responsibility. Failure of the Offeror to furnish additional information as requested
by the Procurement Officer may render the Offeror nonresponsible.
(d) Nothing contained in the foregoing shall be construed to require establishment of a system of records in
order to render, in good faith, the certification required by paragraph (a) of this provision. The knowledge and
information of an Offeror is not required to exceed that which is normally possessed by a prudent person in the
ordinary course of business dealings.
(e) The certification in paragraph (a) of this provision is a material representation of fact upon which reliance
was placed when making award. If it is later determined that the Offeror knowingly or in bad faith rendered an
erroneous certification, in addition to other remedies available to the State, the Procurement Officer may
terminate the contract resulting from this solicitation for default.
CODE OF LAWS AVAILABLE (JAN. 2006): The South Carolina Code of Laws, including the Consolidated
Procurement Code, is available at http://www.scstatehouse.net/code/statmast.htm. The South Carolina
Regulations are available at: http://www.scstatehouse.net/coderegs/statmast.htm.
COMPLETION OF FORMS / CORRECTION OF ERRORS (JAN. 2006): All prices and notations should
be printed in ink or typewritten. Errors should be crossed out, corrections entered and initialed by the person
signing the bid. Do not modify the solicitation document itself (including bid schedule). (Applicable only to
offers submitted on paper.)
DEADLINE FOR SUBMISSION OF OFFER (JAN. 2006): Any offer received after the Procurement Officer
of the governmental body or his designee has declared that the time set for opening has arrived, shall be rejected
unless the offer has been delivered to the designated purchasing office or the governmental bodies’ mail room
which services that purchasing office prior to the bid opening. [R.19-445.2070(H)]
DISCLOSURE OF CONFLICTS OF INTEREST OR UNFAIR COMPETITIVE ADVANTAGE (MAY
2011): You warrant and represent that your offer identifies and explains any unfair competitive advantage you
may have in competing for the proposed contract and any actual or potential conflicts of interest that may arise
from your participation in this competition or your receipt of an award. The two underlying principles are (a)
preventing the existence of conflicting roles that might bias a contractor’s judgment, and (b) preventing an
unfair competitive advantage. If you have an unfair competitive advantage or a conflict of interest, the state may
withhold award. Before withholding award on these grounds, an offeror will be notified of the concerns and
provided a reasonable opportunity to respond. Efforts to avoid or mitigate such concerns, including restrictions
on future activities, may be considered.
DRUG FREE WORK PLACE CERTIFICATION (JAN. 2006): By submitting an Offer, Contractor certifies
that, if awarded a contract, Contractor will comply with all applicable provisions of The Drug-free Workplace
Act, Title 44, Chapter 107 of the South Carolina Code of Laws, as amended.
DUTY TO INQUIRE (JAN. 2006): Offeror, by submitting an Offer, represents that it has read and understands
the Solicitation and that its Offer is made in compliance with the Solicitation. Offerors are expected to examine
the Solicitation thoroughly and should request an explanation of any ambiguities, discrepancies, errors,
omissions, or conflicting statements in the Solicitation. Failure to do so will be at the Offeror’s risk. Offeror
assumes responsibility for any patent ambiguity in the Solicitation that Offeror does not bring to the State’s
attention.
ETHICS CERTIFICATE (May 2008): By submitting an offer, the offeror certifies that the offeror has and
will comply with, and has not, and will not, induce a person to violate Title 8, Chapter 13 of the South Carolina
Code of Laws, as amended (ethics act). The following statutes require special attention: Section 8-13-700,
7
regarding use of official position for financial gain; Section 8-13-705, regarding gifts to influence action of
public official; Section 8-13-720, regarding offering money for advice or assistance of public official; Sections
8-13-755 and 8-13-760, regarding restrictions on employment by former public official; Section 8-13-775,
prohibiting public official with economic interests from acting on contracts; Section 8-13-790, regarding
recovery of kickbacks; Section 8-13-1150, regarding statements to be filed by consultants; and Section 8-13-
1342, regarding restrictions on contributions by contractor to candidate who participated in awarding of
contract. The state may rescind any contract and recover all amounts expended as a result of any action taken in
violation of this provision. If contractor participates, directly or indirectly, in the evaluation or award of public
contracts, including without limitation, change orders or task orders regarding a public contract, contractor shall,
if required by law to file such a statement, provide the statement required by Section 8-13-1150 to the
procurement officer at the same time the law requires the statement to be filed. [02-2A075-2]
OMIT TAXES FROM PRICE (JAN. 2006): Do not include any sales or use taxes in your price that the State
may be required to pay.
PROCUREMENT AGENT (AUG 2004): Authorized Agent. All authority regarding the conduct of this
procurement is vested solely with the responsible Procurement Officer. Unless specifically delegated in writing,
the Procurement Officer is the only government official authorized to bind the government with regard to this
procurement.
PROTESTS (JUNE 2006): Any prospective bidder, offeror, contractor, or subcontractor who is aggrieved in
connection with the solicitation of a contract shall protest within fifteen days of the date of issuance of the
applicable solicitation document at issue. Any actual bidder, offeror, contractor, or subcontractor who is
aggrieved in connection with the intended award or award of a contract shall protest within ten days of the date
notification of award is posted in accordance with this code. A protest shall be in writing, shall set forth the
grounds of the protest and the relief requested with enough particularity to give notice of the issues to be
decided, and must be received by the appropriate Chief Procurement Officer within the time provided. See
clause entitled "Protest-CPO". [§ 11-35-4210]
PUBLIC OPENING (JAN. 2006): Offers will be publicly opened at the date / time and at the location
identified on the Cover Page, or last Amendment, whichever is applicable
QUESTIONS FROM OFFERORS (JAN. 2006): (a) Any prospective offeror desiring an explanation or
interpretation of the solicitation, drawings, specifications, etc., must request it in writing. Questions must be
received by the Procurement Officer no later than five (5) days prior to opening unless otherwise stated on the
Cover Page. Label any communication regarding your questions with the name of the procurement officer, and
the solicitation's title and number. Oral explanations or instructions will not be binding. Any information given a
prospective offeror concerning a solicitation will be furnished promptly to all other prospective offerors as an
Amendment to the solicitation, if that information is necessary for submitting offers or if the lack of it would be
prejudicial to other prospective offerors. (b) The State seeks to permit maximum practicable competition.
Offerors are urged to advise the Procurement Officer – as soon as possible – regarding any aspect of this
procurement, including any aspect of the Solicitation that unnecessarily or inappropriately limits full and open
competition.
REJECTION/CANCELLATION (JAN. 2006): The State may cancel this solicitation in whole or in part. The
State may reject any or all proposals in whole or in part. [SC Code Section 11-35-1710 & R.19-445.2065.]
RESPONSIVENESS / IMPROPER OFFERS (JAN. 2006):
(a) Bid as Specified. Offers for supplies or services other than those specified will not be considered unless
authorized by the Solicitation.
(b) Multiple Offers. Offerors may submit more than one Offer, provided that each Offer has significant
differences other than price. Each separate Offer must satisfy all Solicitation requirements. If this solicitation is
an Invitation for Bids, each separate offer must be submitted as a separate document. If this solicitation is a
8
Request for Proposals, multiple offers may be submitted as one document, provided that you clearly
differentiate between each offer and you submit a separate cost proposal for each offer, if applicable.
(c) Responsiveness. Any Offer which fails to conform to the material requirements of the Solicitation may be
rejected as nonresponsive. Offers which impose conditions that modify material requirements of the Solicitation
may be rejected. If a fixed price is required, an Offer will be rejected if the total possible cost to the State cannot
be determined. Offerors will not be given an opportunity to correct any material nonconformity. Any deficiency
resulting from a minor informality may be cured or waived at the sole discretion of the Procurement Officer.
[R.19-445.2070 and Section 11-35-1520(13)]
(d) Price Reasonableness: Any offer may be rejected if the Procurement Officer determines in writing that it is
unreasonable as to price. [R. 19-445.2070].
(e) Unbalanced Bidding. The State may reject an Offer as nonresponsive if the prices bid are materially
unbalanced between line items or subline items. A bid is materially unbalanced when it is based on prices
significantly less than cost for some work and prices which are significantly overstated in relation to cost for
other work, and if there is a reasonable doubt that the bid will result in the lowest overall cost to the State even
though it may be the low evaluated bid, or if it is so unbalanced as to be tantamount to allowing an advance
payment.
RESTRICTIONS APPLICABLE TO OFFERORS (JAN. 2006) Violation of these restrictions may result in
disqualification of your offer, suspension or debarment, and may constitute a violation of the state Ethics Act.
(a) After issuance of the solicitation, you agree not to discuss this procurement activity in any way with the
Using Governmental Unit or its employees, agents or officials. All communications must be solely with the
Procurement Officer. This restriction may be lifted by express written permission from the Procurement Officer.
This restriction expires once a contract has been formed. (b) Unless otherwise approved in writing by the
Procurement Officer, you agree not to give anything to any Using Governmental Unit
SIGNING YOUR OFFER (JAN. 2006) Every Offer must be signed by an individual with actual authority to
bind the Offeror. (a) If the Offeror is an individual, the Offer must be signed by that individual. If the Offeror is
an individual doing business as a firm, the Offer must be submitted in the firm name, signed by the individual,
and state that the individual is doing business as a firm. (b) If the Offeror is a partnership, the Offer must be
submitted in the partnership name, followed by the words “by its Partner,” and signed by a general partner. (c) If
the Offeror is a corporation, the Offer must be submitted in the corporate name, followed by the signature and
title of the person authorized to sign. (d) An Offer may be submitted by a joint venturer involving any
combination of individuals, partnerships, or corporations. If the Offeror is a joint venture, the Offer must be
submitted in the name of the Joint Venture and signed by every participant in the joint venture in the manner
prescribed in paragraphs (a) through (c) above for each type of participant. (e) If an Offer is signed by an agent,
other than as stated in subparagraphs (a) through (d) above, the Offer must state that is has been signed by an
Agent. Upon request, Offeror must provide proof of the agent's authorization to bind the principal.
STATE OFFICE CLOSINGS (JAN. 2006) If an emergency or unanticipated event interrupts normal
government processes so that offers cannot be received at the government office designated for receipt of bids
by the exact time specified in the solicitation, the time specified for receipt of offers will be deemed to be
extended to the same time of day specified in the solicitation on the first work day on which normal government
processes resume. In lieu of an automatic extension, an Amendment may be issued to reschedule bid opening. If
state offices are closed at the time a pre-bid or pre-proposal conference is scheduled, an Amendment will be
issued to reschedule the conference. Useful information may be available at:
http://www.scemd.org/scgovweb/weather_alert.htm.
SUBMITTING CONFIDENTIAL INFORMATION (AUG. 2002): (An overview is available at
www.procurement.sc.gov) For every document Offeror submits in response to or with regard to this solicitation
or request, Offeror must separately mark with the word "CONFIDENTIAL" every page, or portion thereof, that
Offeror contends contains information that is exempt from public disclosure because it is either (a) a trade secret
as defined in Section 30-4-40(a)(1), or (b) privileged and confidential, as that phrase is used in Section 11-35-
9
410. For every document Offeror submits in response to or with regard to this solicitation or request, Offeror
must separately mark with the words "TRADE SECRET" every page, or portion thereof, that Offeror contends
contains a trade secret as that term is defined by Section 39-8-20 of the Trade Secrets Act. For every document
Offeror submits in response to or with regard to this solicitation or request, Offeror must separately mark with
the word "PROTECTED" every page, or portion thereof, that Offeror contends is protected by Section 11-35-
1810. All markings must be conspicuous; use color, bold, underlining, or some other method in order to
conspicuously distinguish the mark from the other text. Do not mark your entire response (bid, proposal, quote,
etc.) as confidential, trade secret, or protected! If your response, or any part thereof, is improperly marked as
confidential or trade secret or protected, the State may, in its sole discretion, determine it nonresponsive. If only
portions of a page are subject to some protection, do not mark the entire page. By submitting a response to this
solicitation or request, Offeror (1) agrees to the public disclosure of every page of every document regarding this
solicitation or request that was submitted at any time prior to entering into a contract (including, but not limited
to, documents contained in a response, documents submitted to clarify a response, and documents submitted
during negotiations), unless the page is conspicuously marked "TRADE SECRET" or "CONFIDENTIAL" or
"PROTECTED", (2) agrees that any information not marked, as required by these bidding instructions, as a
"Trade Secret" is not a trade secret as defined by the Trade Secrets Act, and (3) agrees that, notwithstanding any
claims or markings otherwise, any prices, commissions, discounts, or other financial figures used to determine
the award, as well as the final contract amount, are subject to public disclosure. In determining whether to
release documents, the State will detrimentally rely on Offeror's marking of documents, as required by these
bidding instructions, as being either "Confidential" or "Trade Secret" or "PROTECTED". By submitting a
response, Offeror agrees to defend, indemnify and hold harmless the State of South Carolina, it’s officers and
employees, from every claim, demand, loss, expense, cost, damage or injury, including attorney’s fees, arising
out of or resulting from the State withholding information that Offeror marked as "confidential" or "trade secret"
or "PROTECTED". (All references to S.C. Code of Laws.)
SUBMITTING YOUR OFFER OR MODIFICATION (JAN. 2006) (a) Offers and offer modifications shall
be submitted in sealed envelopes or packages (unless submitted by electronic means) – (1) Addressed to the
office specified in the Solicitation; and (2) Showing the time and date specified for opening, the solicitation
number, and the name and address of the bidder. (b) If you are responding to more than one solicitation, each
offer must be submitted in a different envelope or package. (c) Each Offeror must submit the number of copies
indicated on the Cover Page. (d) Offerors using commercial carrier services shall ensure that the Offer is
addressed and marked on the outermost envelope or wrapper as prescribed in paragraphs (a)(1) and (2) of this
provision when delivered to the office specified in the Solicitation. (e) Facsimile or e-mail offers, modifications,
or withdrawals, will not be considered unless authorized by the Solicitation. (f) Offers submitted by electronic
commerce shall be considered only if the electronic commerce method was specifically stipulated or permitted
by the solicitation.
TAX CREDIT FOR SUBCONTRACTING WITH DISADVANTAGED SMALL BUSINESSES (JAN.
2008): Pursuant to Section 12-6-3350, a taxpayer having a contract with this State who subcontracts with a
socially and economically disadvantaged small business is eligible for an income tax credit equal to four percent
of the payments to that subcontractor for work pursuant to the contract. The subcontractor must be certified as a
socially and economically disadvantaged small business as defined in Section 11-35-5010 and regulations
pursuant to it. The credit is limited to a maximum of fifty thousand dollars annually. A taxpayer is eligible to
claim the credit for ten consecutive taxable years beginning with the taxable year in which the first payment is
made to the subcontractor that qualifies for the credit. After the above ten consecutive taxable years, the
taxpayer is no longer eligible for the credit. A taxpayer claiming the credit shall maintain evidence of work
performed for the contract by the subcontractor. The credit may be claimed on Form TC-2, "Minority Business
Credit." A copy of the subcontractor's certificate from the Governor's Office of Small and Minority Business
(OSMBA) is to be attached to the contractor's income tax return. Questions regarding the tax credit and how to
file are to be referred to: SC Department of Revenue, Research and Review, Phone: (803) 898-5786,
Fax: (803) 898-5888. Questions regarding subcontractor certification are to be referred to: Governor's Office
of Small and Minority Business Assistance, Phone: (803) 734-0657, Fax: (803) 734-2498. [02-2A135-1]
10
TAXPAYER IDENTIFICATION NUMBER (JAN. 2006): (a) If Offeror is owned or controlled by a
common parent as defined in paragraph (b) of this provision, Offeror shall submit with its Offer the name and
TIN of common parent.
(b) Definitions: "Common parent," as used in this provision, means that corporate entity that owns or controls an
affiliated group of corporations that files its Federal income tax returns on a consolidated basis, and of which the
offeror is a member. "Taxpayer Identification Number (TIN)," as used in this provision, means the number
required by the Internal Revenue Service (IRS) to be used by the offeror in reporting income tax and other
returns. The TIN may be either a Social Security Number or an Employer Identification Number.
(c) If Offeror does not have a TIN, Offeror shall indicate if either a TIN has been applied for or a TIN is not
required. If a TIN is not required, indicate whether (i) Offeror is a nonresident alien, foreign corporation, or
foreign partnership that does not have income effectively connected with the conduct of a trade or business in
the United States and does not have an office or place of business or a fiscal paying agent in the United States;
(ii) Offeror is an agency or instrumentality of a state or local government; (iii) Offeror is an agency or
instrumentality of a foreign government; or (iv) Offeror is an agency or instrumentality of the Federal
Government.
WITHDRAWAL OR CORRECTION OF OFFER (JAN. 2006): Offers may be withdrawn by written notice
received at any time before the exact time set for opening. If the Solicitation authorizes facsimile offers, offers
may be withdrawn via facsimile received at any time before the exact time set for opening. A bid may be
withdrawn in person by a bidder or its authorized representative if, before the exact time set for opening, the
identity of the person requesting withdrawal is established and the person signs a receipt for the bid. The
withdrawal and correction of Offers is governed by S.C. Code Section 11-35-1520 and Regulation 19-445.2085.
II. INSTRUCTIONS TO OFFERORS – B. SPECIAL INSTRUCTIONS
SUBMISSION OF QUESTIONS
Mark envelopes on questions mailed: QUESTIONS: USC-BVB-2679-MR
Title: Recycle of Surplus Property
Attn.: Michelle Robinson, CPPB
QUESTIONS MAY BE E-MAILED TO [email protected] or FAXED TO: 803-777-2032.
Questions must be received no later than 11:00AM, August 29, 2014.
CONTENTS OF OFFER (BVB): (a) Bids should be complete and carefully worded and should convey all of
the information requested. (b) Bids should be prepared simply and economically, providing a straightforward,
concise description of bidder’s capabilities to satisfy the requirements of the Best Value Bid (BVB) solicitation.
Emphasis should be on completeness and clarity of content. (c) Each copy of your bid should be bound in a
single volume where practical. All documentation submitted with your bid should be bound in that single
volume. (d) If your bid includes any comment over and above the specific information requested in the
solicitation, you are to include this information as a separate appendix to your bid. Bids which include either
modifications to any of the solicitation’s contractual requirements or a bidder’s standard terms and conditions
may be deemed non-responsive and not considered for award.
CLARIFICATION (NOV. 2007): Pursuant to Section 11-35-1520(8), the Procurement Officer may elect to
communicate with you after opening for the purpose of clarifying either your offer or the requirements of the
solicitation. Such communications may be conducted only with offerors who have submitted an offer which
obviously conforms in all material aspects to the solicitation. Clarification of an offer must be documented in
writing and included with the offer. Clarifications may not be used to revise an offer or the
solicitation. [Section 11-35-1520(8); R.19-445.2080] [02-2B055-1]
11
DISCUSSIONS WITH BIDDERS: After opening, the Procurement Officer may, in his sole discretion, initiate
discussions with you to discuss your bid. Discussions are possible only if your bid is apparently responsive and
only for the purpose of clarification to assure your full understanding of the solicitation's requirements. Any
discussions will be documented in writing and shall be included with the bid.
DESCRIPTIVE LITERATURE – LABELLING (JAN 2006): Include offeror’s name on the cover of any
specifications or descriptive literature submitted with your offer. [02-2B045-1]
OPENING BEST VALUE BIDS – PRICES NOT DIVULGED: In competitive best value bids, prices will
not be divulged at opening. The only information that will be released is the names of the participating bidders.
[§ 11-35-1528]
PREFERENCES - A NOTICE TO VENDORS (SEP. 2009): On June 16, 2009, the South Carolina
General Assembly rewrote the law governing preferences available to in-state vendors, vendors using in-
state subcontractors, and vendors selling in-state or US end products. This law appears in Section 11-35-
1524 of the South Carolina Code of Laws. A summary of the new preferences is available at
www.procurement.sc.gov/preferences. ALL THE PREFERENCES MUST BE CLAIMED AND ARE
APPLIED BY LINE ITEM, REGARDLESS OF WHETHER AWARD IS MADE BY ITEM OR LOT.
VENDORS ARE CAUTIONED TO CAREFULLY REVIEW THE STATUTE BEFORE CLAIMING
ANY PREFERENCES. THE REQUIREMENTS TO QUALIFY HAVE CHANGED. IF YOU REQUEST
A PREFERENCE, YOU ARE CERTIFYING THAT YOUR OFFER QUALIFIES FOR THE
PREFERENCE YOU'VE CLAIMED. IMPROPERLY REQUESTING A PREFERENCE CAN HAVE
SERIOUS CONSEQUENCES. [11-35-1524(E)(4)&(6)]
PREFERENCES - RESIDENT CONTRACTOR PREFERENCE (SEP 2009): To qualify for the RCP, you
must maintain an office in this state. An office is a nonmobile place for the regular transaction of business or
performance of a particular service which has been operated as such by the bidder for at least one year before
the bid opening and during that year the place has been staffed for at least fifty weeks by at least two employees
for at least thirty five hours a week each. In addition, you must, at the time you submit your bid, directly
employ, or have a documented commitment with, individuals domiciled in South Carolina that will perform
services expressly required by the solicitation and your total direct labor cost for those individuals to provide
those services must exceed fifty percent of your total bid price. [11-35-1524(C)(1)(iii)] Upon request by the
procurement officer, you must identify the persons domiciled in South Carolina that will perform the services
involved in the procurement upon which you rely in qualifying for the preference, the services those individuals
are to perform, and documentation of the your labor cost for each person identified. If requested, your failure to
provide this information promptly will be grounds to deny the preference (and, potentially, for other
enforcement action).
PREFERENCES - RESIDENT SUBCONTRACTOR PREFERENCE (SEP 2009): To qualify for this
preference, You must meet the following requirements. (1) You must -- at the time you submit your bid -- have
a documented commitment from a single proposed first tier subcontractor to perform some portion of the
services expressly required by the solicitation. (2) The subcontractor -- at the time you submit your bid -- must
directly employ, or have a documented commitment with, individuals domiciled in South Carolina that will
perform services expressly required by the solicitation and the total direct labor cost to the subcontractor for
those individuals to provide those services exceeds, as applicable, either twenty percent for a 2% preference or
forty percent of bidder’s total bid price for a 4% preference. (3) You must identify the subcontractor that will
perform the work, the work the subcontractor is to perform, and your factual basis for concluding that the
subcontractor’s work constitutes the required percentage of the work to be performed in the procurement. [11-
35-1524(D)] You can stack this preference, i.e., earn another 2% or 4% preference for each additional qualifying
subcontractor, but the preference is capped. [11-35-1524(D)(4), (E)(7)] Upon request by the procurement
officer, you must identify the persons domiciled in South Carolina that are to perform the services involved in
the procurement upon which you rely in qualifying for the preference, the services those individuals are to
perform, the employer of those persons, your relationship with the employer, and documentation of the
12
subcontractor’s labor cost for each person identified. If requested, your failure to provide this information
promptly will be grounds to deny the preference (and, potentially, for other enforcement action). YOU WILL
NOT RECEIVE THE PREFERENCE UNLESS YOU SPECIFY WHETHER YOUR ARE CLAIMING THE
2% OR 4% PREFERENCE AND YOU PROVIDE THE INFORMATION REQUIRED BY ITEM (3) ABOVE.
PROTEST – CPO - MMO ADDRESS (JUNE 2006): Any protest must be addressed to the Chief Procurement
Officer, Materials Management Office, and submitted in writing (a) by email to [email protected],
(b) by facsimile at 803-737-0639, or (c) by post or delivery to 1201 Main Street, Suite 600, Columbia, SC
29201.
OFFERING BY LOT (JAN 2006): Offers may be submitted for one or more complete lots. Failure to offer on
all items within a lot will be reason for rejection. [02-2B095-1]
UNIT PRICES REQUIRED (JAN 2006): Unit price to be shown for each item. [02-2B170-1]
III. SCOPE OF WORK / SPECIFICATIONS
The University is seeking qualified contractors to purchase and remove and properly dispose of scrap surplus
materials as deemed such by the State Surplus Property Office. The contractor shall provide the management,
supervision, equipment, and collection units necessary for the removal and proper disposal of state-owned scrap
surplus.
The minimum pick up will be twenty-four (24) pallets. The contractor(s) will pick up materials on an as needed
basis – approximately once a month.
Lot 1: Scrap Electronics
The University accumulates many pieces of equipment deemed as electronics. These materials include, but are
not limited to; computer workstations, research equipment, calculators, etc… The contractor will incur all of the
costs associated with the pick-up and removal of these designated items. Pick-ups must be scheduled within
five (5) business days of notification. In its bid, Bidder will indicate the price per pound to be paid to the
University. All material is to be recycled/disposed of in a manner that is in accordance with all State and
Federal requirements. Below is the anticipated procedure for the disposal of this material.
Scrap Electronics Procedure: Materials are palletized and shrink wrapped for shipping. Once a sufficient
quantity is accumulated, the Scrap Electronics contractor is contacted for pick-up. Transportation is to arrive
with a tare weight scale ticket from an independent “third party” scale. Once the transportation leaves the
Consolidated Services facility, the driver will again use a third party to weigh the vehicle again and provide the
certified scale ticket to Consolidated Services’ management for verification within 24 hours of pick-up. Upon
receiving payment, Consolidated Services will verify weights to correspond with amounts stated on the
reimbursement check. Contractor will be required to provide all scale receipts at no additional cost to the
university. Proper documentation will be scanned and available for review upon request.
Lot 2: Miscellaneous
The University accumulates many items that fail to meet the requirements of Scrap Electronics. These materials
consist of all scrap items not considered electronics. While the majority of scrap material will be located at the
Consolidated Services warehouse, the contractor may be required to pick up items from multiple areas within
the Columbia campus. The contractor will incur all of the costs associated with the pick-up and removal and
proper disposal of these designated items. Pick-ups must be scheduled within five (5) business days of
notification. In its bid, Bidder will indicate the price per pound to be paid to the University. All material is to
13
be recycled/disposed of in a manner that is in accordance with all State and Federal requirements. Below is the
anticipated procedure for the disposal of this material.
Miscellaneous Scrap Procedure: Miscellaneous Scrap contractor is notified of scrap material available for
removal. The Contractor will load miscellaneous scrap and its vehicle will be weighed at an independent scale
and provide both the total weight of vehicle and scrap and empty weight of vehicle once the material has been
removed. Tickets will be provided to Consolidated Services’ management for verification within 24 hours of
pick-up. Upon receiving payment, Consolidated Services will verify weights to correspond with amounts stated
on the reimbursement check. The Miscellaneous Scrap Contractor will be required to provide all scale receipts
at no additional cost to the university. Proper documentation will be scanned and available for review upon
request.
IV. INFORMATION FOR OFFERORS TO SUBMIT
INFORMATION FOR OFFERORS TO SUBMIT – GENERAL (JAN.2006): Offeror shall submit a signed
Cover Page and Page Two. Offeror should submit all other information and documents in this part and in parts
II.B Special Instructions; III. Scope of Work; V. Qualifications; VI. Award Criteria; VIII. Bidding
Schedule/Price Proposal; and any appropriate attachments addressed in section IX. Attachments to Solicitations.
[04-4010-1]
Offeror should submit the following information for purposes of evaluation:
A. Offeror shall submit a signed Cover Page and Page Two of this bid.
B. Offeror shall submit all of the evaluation materials as listed in Section VI. Award Criteria of the
Solicitation.
SUBMITTING REDACTED OFFERS (FEB. 2007): You are required to mark the original copy of your offer
to identify any information that is exempt from public disclosure. You must do so in accordance with the clause
entitled "Submitting Confidential Information." In addition, you must also submit one complete copy of your
offer from which you have removed any information that you marked as exempt, i.e., a redacted copy. The
information redacted should mirror in ever detail the information marked as exempt from public disclosure. The
redacted copy should (i) reflect the same pagination as the original, (ii) show the empty space from which
information was redacted, and (iii) be submitted on magnetic media. (See clause entitled "Magnetic Media
Required Format.") Except for the redacted information, the CD must be identical to the original hard
copy. Portable Document Format (.pdf) is preferred. [04-4030-1]
MINORITY PARTICIPATION (JAN 2006)
Is the bidder a South Carolina Certified Minority Business? □ Yes □ NO
Is the bidder a Minority Business certified by another governmental entity? □ Yes □ NO
If so, please list the certifying governmental entity: _________________________
Will any of the work under this contract be performed by a SC certified Minority Business as a subcontractor? □
Yes □ NO
If so, what percentage of the total value of the contract will be performed by a SC certified Minority Business as
a subcontractor? □ Yes □ NO
Will any of the work under this contract be performed by a minority business certified by another governmental
entity as a subcontractor? □ Yes □ NO
If so, what percentage of the total value of the contract will be performed by a minority business certified by
another governmental entity as a subcontractor? □ Yes □ NO
If a certified Minority Business is participating in this contract, please indicate all categories for which the
Business is certified:
14
□ Traditional minority
□ Traditional minority, but female
□ Women (Caucasian females)
□ Hispanic minorities
□ DOT referral (Traditional minority)
□ DOT referral (Caucasian female)
□ Temporary certification
□ SBA 8 (a) certification referral
□ Other minorities (Native American, Asian, etc.)
(If more than one minority contractor will be utilized in the performance of this contract, please provide the
information above for each minority business.)
V. QUALIFICATIONS
QUALIFICATION OF OFFEROR (JAN. 2006): To be eligible for award of a contract, a prospective
contractor must be responsible. In evaluating an Offeror’s responsibility, the State Standards of Responsibility
[R.19-445.2125] and information from any other source may be considered. An Offeror must, upon request of
the State, furnish satisfactory evidence of its ability to meet all contractual requirements. Unreasonable failure to
supply information promptly in connection with a responsibility inquiry may be grounds for determining that
you are ineligible to receive an award. S.C. Code Section 11-35-1810.
SUBCONTRACTOR – IDENTIFICATION (JAN. 2006): If you intend to subcontract with another business
for any portion of the work and that portion exceeds 10%of your price, your offer must identify that business
and the portion of work which they are to perform. Identify potential subcontractors by providing the business’
name, address, phone, taxpayer identification number, and point of contact. In determining your responsibility,
the state may evaluate your proposed subcontractors.
VI. AWARD CRITERIA
AWARD BY LOT (JAN 2006): Award will be made by complete lot(s).
AWARD CRITERIA – BEST VALUE BIDS (JAN. 2006): Award will be made to the highest ranked,
responsive and responsible offeror whose offer is determined to be the most advantageous to the State.
EVALUATION FACTORS – BEST VALUE BID (JAN. 2006) Offers will be evaluated using only the
factors stated below. Numerical weightings are provided for each evaluation factor. All evaluation factors,
other than cost (which must be at least 60%), will be considered prior to determining the effect of cost on the
score for each offeror. Once evaluation is complete, all responsive offerors will be ranked from most
advantageous to least advantageous.
A. Cost - 60%
B. Qualifications and Experience - 20%
C. References – 20%
15
A. Cost (Submit as a separate document)
Offeror is to provide a thorough and detailed presentation of all costs to be incurred by the University,
including any travel expenses, to provide the services outlined in this bid. Offeror’s response must
include a total cost to the University for performance of contract.
D. Qualifications and Experience
1. Include a brief history of the Offeror’s qualifications and experience in providing services as
described in this bid. State the number of years providing this type of service to organizations
similar in size and scope to the University of South Carolina.
E. References
2. Offeror is to submit references demonstrating experience in providing described services. At a
minimum include for each reference the following:
a. Client name,
b. Client address,
c. Contact person,
d. Telephone number,
e. Email address, and
f. Brief summary of the project
UNIT PRICE GOVERNS (JAN. 2006): In determining award, unit prices will govern over extended prices
unless otherwise stated.
VII. TERMS AND CONDITIONS – A. GENERAL
ASSIGNMENT (JAN. 2006): No contract or its provisions may be assigned, sublet, or transferred without the
written consent of the Procurement Officer.
BANKRUPTCY (JAN. 2006): (a) Notice. In the event the Contractor enters into proceedings relating to
bankruptcy, whether voluntary or involuntary, the Contractor agrees to furnish written notification of the
bankruptcy to the Using Governmental Unit. This notification shall be furnished within five (5) days of the
initiation of the proceedings relating to the bankruptcy filing. This notification shall include the date on which
the bankruptcy petition was filed, the identity of the court in which the bankruptcy petition was filed, and a
listing of all State contracts against which final payment has not been made. This obligation remains in effect
until final payment under this Contract. (b) Termination. This contract is voidable and subject to immediate
termination by the State upon the contractor’s insolvency, including the filing of proceedings in bankruptcy.
CHOICE-OF-LAW (JAN. 2006): The Agreement, any dispute, claim, or controversy relating to the
Agreement, and all the rights and obligations of the parties shall, in all respects, be interpreted, construed,
enforced and governed by and under the laws of the State of South Carolina, except its choice of law rules. As
used in this paragraph, the term "Agreement" means any transaction or agreement arising out of, relating to, or
contemplated by the solicitation.
CONTRACT DOCUMENTS & ORDER OF PRECEDENCE (JAN. 2006): (a) Any contract resulting from
this solicitation shall consist of the following documents: (1) a Record of Negotiations, if any, executed by you
and the Procurement Officer, (2) documentation regarding the clarification of an offer [e.g., 11-35-1520(8) or
11-35-1530(6)], if applicable, (3) the solicitation, as amended, (4) modifications, if any, to your offer, if
accepted by the Procurement Officer, (5) your offer, (6) any statement reflecting the state’s final acceptance
(a/k/a “award”), and (7) purchase orders. These documents shall be read to be consistent and complimentary.
Any conflict among these documents shall be resolved by giving priority to these documents in the order listed
above. (b) The terms and conditions of documents (1) through (6) above shall apply notwithstanding any
additional or different terms and conditions in either (i) a purchase order or other instrument submitted by the
16
State or (ii) any invoice or other document submitted by Contractor. Except as otherwise allowed herein, the
terms and conditions of all such documents shall be void and of no effect. (c) No contract, license, or other
agreement containing contractual terms and conditions will be signed by any Using Governmental Unit. Any
document signed or otherwise agreed to by persons other than the Procurement Officer shall be void and of no
effect.
DISCOUNT FOR PROMPT PAYMENT (JAN. 2006)
(a) Discounts for prompt payment will not be considered in the evaluation of offers. However, any offered
discount will form a part of the award, and will be taken if payment is made within the discount period indicated
in the offer by the offeror. As an alternative to offering a discount for prompt payment in conjunction with the
offer, offerors awarded contracts may include discounts for prompt payment on individual invoices.
(b) In connection with any discount offered for prompt payment, time shall be computed from the date of the
invoice. If the Contractor has not placed a date on the invoice, the due date shall be calculated from the date the
designated billing office receives a proper invoice, provided the state annotates such invoice with the date of
receipt at the time of receipt. For the purpose of computing the discount earned, payment shall be considered to
have been made on the date that appears on the payment check or, for an electronic funds transfer, the specified
payment date. When the discount date falls on a Saturday, Sunday, or legal holiday when Federal Government
offices are closed and Government business is not expected to be conducted, payment may be made on the
following business day.
DISPUTES (JAN. 2006): (1) Choice-of-Forum. All disputes, claims, or controversies relating to the Agreement
shall be resolved exclusively by the appropriate Chief Procurement Officer in accordance with Title 11, Chapter
35, Article 17 of the South Carolina Code of Laws, or in the absence of jurisdiction, only in the Court of
Common Pleas for, or a federal court located in, Richland County, State of South Carolina. Contractor agrees
that any act by the Government regarding the Agreement is not a waiver of either the Government's sovereign
immunity or the Government's immunity under the Eleventh Amendment of the United State's Constitution. As
used in this paragraph, the term "Agreement" means any transaction or agreement arising out of, relating to, or
contemplated by the solicitation. (2) Service of Process. Contractor consents that any papers, notices, or process
necessary or proper for the initiation or continuation of any disputes, claims, or controversies relating to the
Agreement; for any court action in connection therewith; or for the entry of judgment on any award made, may
be served on Contractor by certified mail (return receipt requested) addressed to Contractor at the address
provided as the Notice Address on Page Two or by personal service or by any other manner that is permitted by
law, in or outside South Carolina. Notice by certified mail is deemed duly given upon deposit in the United
States mail.
EQUAL OPPORTUNITY (JAN. 2006): Contractor is referred to and shall comply with all applicable
provisions, if any, of Title 41, Part 60 of the Code of Federal Regulations, including but not limited to Sections
60-1.4, 60-4.2, 60-4.3, 60-250.5(a), and 60-741.5(a), which are hereby incorporated by reference.
FALSE CLAIMS (JAN. 2006): According to the S.C. Code of Laws § 16-13-240, "a person who by false
pretense or representation obtains the signature of a person to a written instrument or obtains from another
person any chattel, money, valuable security, or other property, real or personal, with intent to cheat and defraud
a person of that property is guilty" of a crime.
FIXED PRICING REQUIRED (JAN. 2006): Any pricing provided by contractor shall include all costs for
performing the work associated with that price. Except as otherwise provided in this solicitation, contractor’s
price shall be fixed for the duration of this contract, including option terms. This clause does not prohibit
contractor from offering lower pricing after award.
NON-INDEMNIFICATION (JAN. 2006): Any term or condition is void to the extent it requires the State to
indemnify anyone.
NOTICE (JAN. 2006): (A) After award, any notices shall be in writing and shall be deemed duly given (1)
upon actual delivery, if delivery is by hand, (2) upon receipt by the transmitting party of automated confirmation
17
or answer back from the recipient's device if delivery is by telex, telegram, facsimile, or electronic mail, or (3)
upon deposit into the United States mail, if postage is prepaid, a return receipt is requested, and either registered
or certified mail is used. (B) Notice to contractor shall be to the address identified as the Notice Address on Page
Two. Notice to the state shall be to the Procurement Officer's address on the Cover Page. Either party may
designate a different address for notice by giving notice in accordance with this paragraph.
PAYMENT & INTEREST (MAY 2011): (a) Unless otherwise provided in the Solicitation, the State shall pay
the Contractor, after the submission of proper invoices or vouchers, the prices stipulated in this contract for
supplies delivered and accepted or services rendered and accepted, less any deductions provided in this contract.
Unless otherwise specified herein, including the purchase order, payment shall not be made on partial deliveries
accepted by the Government. (b) Unless otherwise provided herein, including the purchase order, payment will
be made by check. (c) Notwithstanding any other provision, payment shall be made in accordance with S.C
Code Section 11-35-45, which provides the Contractor’s exclusive means of recovering any type of interest
from the Owner. Contractor waives imposition of an interest penalty unless the invoice submitted specifies that
the late penalty is applicable. Except as set forth in this paragraph, the State shall not be liable for the payment
of interest on any debt or claim arising out of or related to this contract for any reason. (d) Amounts due to the
State shall bear interest at the rate of interest established by the South Carolina Comptroller General pusuant to
Section 11-35-45 (“an amount not to exceed fifteen percent each year”), as amended. Any other basis for
interest, including but not limited to general (pre-and post-judgment) or specific interest statues, including S.C.
Code Ann.§34-31-20, are expressly waived by both parties. If a court, despite this agreement and waiver,
requires that interest be paid on any debt by either party other than as provided by items (c) and (d) above, the
parties further agree that the applicable interest rate for any given calendar year shall be the lowest prime rate as
listed in the first edition of the Wall Street Journal published for each year, applied as simple interest without
compounding.
PUBLICITY (JAN. 2006): Contractor shall not publish any comments or quotes by State employees, or
include the State in either news releases or a published list of customers, without the prior written approval of
the Procurement Officer.
PURCHASE ORDERS (JAN. 2006): Contractor shall not perform any work prior to the receipt of a purchase
order from the using governmental unit. The using governmental unit shall order any supplies or services to be
furnished under this contract by issuing a purchase order. Purchase orders may be used to elect any options
available under this contract, e.g., quantity, item, delivery date, payment method, but are subject to all terms and
conditions of this contract. Purchase orders may be electronic. No particular form is required. An order placed
pursuant to the purchasing card provision qualifies as a purchase order.
SETOFF (JAN. 2006): The state shall have all of its common law, equitable, and statutory rights of set-off.
These rights shall include, but not be limited to, the State's option to withhold for the purposes of set-off any
moneys due to the Contractor under this contract up to any amounts due and owing to the state with regard to
this contract, any other contract with any state department or agency, including any contract for a term
commencing prior to the term of this contract, plus any amounts due and owing to the state for any other reason
including, without limitation, tax delinquencies, fee delinquencies or monetary penalties relative thereto.
SURVIVAL OF OBLIGATIONS (JAN. 2006): The Parties' rights and obligations which, by their nature,
would continue beyond the termination, cancellation, rejection, or expiration of this contract shall survive such
termination, cancellation, rejection, or expiration, including, but not limited to, the rights and obligations created
by the following clauses: Indemnification - Third Party Claims, Intellectual Property Indemnification, and any
provisions regarding warranty or audit.
TAXES (JAN. 2006): Any tax the contractor may be required to collect or pay upon the sale, use or delivery of
the products shall be paid by the State, and such sums shall be due and payable to the contractor upon
acceptance. Any personal property taxes levied after delivery shall be paid by the State. It shall be solely the
State's obligation, after payment to contractor, to challenge the applicability of any tax by negotiation with, or
action against, the taxing authority. Contractor agrees to refund any tax collected, which is subsequently
determined not to be proper and for which a refund has been paid to contractor by the taxing authority. In the
18
event that the contractor fails to pay, or delays in paying, to any taxing authorities, sums paid by the State to
contractor, contractor shall be liable to the State for any loss (such as the assessment of additional interest)
caused by virtue of this failure or delay. Taxes based on Contractor’s net income or assets shall be the sole
responsibility of the contractor.
TERMINATION DUE TO UNAVAILABILITY OF FUNDS (JAN. 2006): Payment and performance
obligations for succeeding fiscal periods shall be subject to the availability and appropriation of funds therefor.
When funds are not appropriated or otherwise made available to support continuation of performance in a
subsequent fiscal period, the contract shall be canceled. In the event of a cancellation pursuant to this paragraph,
contractor will be reimbursed the resulting unamortized, reasonably incurred, nonrecurring costs. Contractor
will not be reimbursed any costs amortized beyond the initial contract term.
THIRD PARTY BENEFICIARY (JAN. 2006): This Contract is made solely and specifically among and for
the benefit of the parties hereto, and their respective successors and assigns, and no other person will have any
rights, interest, or claims hereunder or be entitled to any benefits under or on account of this Contract as a third
party beneficiary or otherwise.
WAIVER (JAN. 2006): The State does not waive any prior or subsequent breach of the terms of the Contract
by making payments on the Contract, by failing to terminate the Contract for lack of performance, or by failing
to strictly or promptly insist upon any term of the Contract. Only the Procurement Officer has actual authority to
waive any of the State’s rights under this Contract. Any waiver must be in writing.
VII. TERMS AND CONDITIONS – B. SPECIAL
HIPAA LAW: The Contractor agrees that to the extent that some or all of the activities within the scope of this
Contract are subject to the Health Insurance Portability Accountability Act of 1996, P.L. 104-91, as amended
(“HIPAA”), or its implementing regulations, it will comply with the HIPAA requirements and will execute such
agreements and practices as the University of South Carolina may require to ensure compliance. Additional
information may be viewed at: http://www.sc.edu/hipaa/
PROTECTION OF HUMAN HEALTH AND THE ENVIRONMENT: The University of South Carolina
requires that all contractual activities to be in compliance with local, state and federal mandates concerning
“protection of human health and the environment”. In addition, the University of South Carolina is a “Drug Free
Work Place” and requires all contractors to comply with South Carolina Code of Laws Section 41-15-10 ET
sequence (1976 w/amendments). Any contractor doing business with the University will be required to
document compliance with these mandates and to furnish specific information requested by the University’s
Department of Environmental Health and Safety when notified to do so. The Contractor understands and agrees
that jobsites are open at all times work is being performed by the Contractor to authorized University employees
who have been trained to identify unsafe work conditions. The Contractor will immediately correct any
deficiencies noted by these inspections when requested by the University’s Department of Environmental Health
and Safety to do so. In work areas where a specific hazard is posed which includes but is not limited to lead
paint and asbestos abatement projects, Contractors will be required to produce Lead Compliance Plans and
Asbestos Project Designs which outline their method of work prior to the start of work. Each contractor shall
designate a responsible member of the Contractor’s organization to be at the site whose duty shall be the
prevention of accidents. By submission of this bid, the vendor agrees to take all necessary steps to insure
compliance with the requirements outlined above.
COMPLIANCE WITH LAWS (JAN 2006): During the term of the contract, contractor shall comply with all
applicable provisions of laws, codes, ordinances, rules, regulations, and tariffs.
CONTRACTOR’S LIABILITY INSURANCE (MAR 2013): (a) Contractor shall procure from a company or
companies lawfully authorized to do business in South Carolina and with a current A.M. Best rating of no less
19
than A: VII, and maintain for the duration of the contract, insurance against claims for injuries to persons or
damages to property which may arise from or in connection with the performance of the work and the results of
that work by the contractor, his agents, representatives, employees or subcontractors. (b) Coverage shall be at
least as broad as:
(1) Commercial General Liability (CGL): Insurance Services Office (ISO) Form CG 00 01 12 07 covering CGL
on an “occurrence” basis, including products-completed operations, personal and advertising injury, with limits
no less than $1,000,000 per occurrence. If a general aggregate limit applies, the general aggregate limit shall be
twice the required occurrence limit. This contract shall be considered to be an “insured contract” as defined in
the policy.
(2) Auto Liability: ISO Form Number CA 00 01 covering any auto (Code 1), or if Contractor has no owned
autos, hired, (Code 8) and non-owned autos (Code 9), with limits no less than $1,000,000 per accident for bodily
injury and property damage.
(3) Worker’s Compensation: As required by the State of South Carolina, with Statutory Limits, and Employer’s
Liability Insurance with limit of no less than $1,000,000 per accident for bodily injury or disease.
(b) Every applicable Using Governmental Unit, and the officers, officials, employees and volunteers of any of
them, must be covered as additional insureds on the CGL policy with respect to liability arising out of work or
operations performed by or on behalf of the Contractor including materials, parts or equipment furnished in
connection with such work or operations. General liability coverage can be provided in the form of an
endorsement to the Contractor’s insurance at least as broad as ISO Form CG 20 10 11 85 or if not available,
through the addition of both CG 20 10 and CG 20 37 if a later edition is used.
(c) For any claims related to this contract, the Contractor’s insurance coverage shall be primary insurance as
respects the State, every applicable Using Governmental Unit, and the officers, officials, employees and
volunteers of any of them. Any insurance or self-insurance maintained by the State, every applicable Using
Governmental Unit, or the officers, officials, employees and volunteers of any of them, shall be excess of the
Contractor’s insurance and shall not contribute with it.
(d) Prior to commencement of the work, the Contractor shall furnish the State with original certificates and
amendatory endorsements or copies of the applicable policy language effecting coverage required by this
section. All certificates are to be received and approved by the State before work commences. However, failure
to obtain the required documents prior to the work beginning shall not waive the Contractor’s obligation to
provide them. The State reserves the right to require complete, certified copies of all required insurance policies,
including endorsements required by this section, at any time.
(e) Should any of the above described policies be cancelled before the expiration date thereof, notice will be
delivered in accordance with the policy provisions. In addition, the Contractor shall notify the State immediately
upon receiving any information that any of the coverages required by this section are or will be changed,
cancelled, or replaced.
(f) Contractor hereby grants to the State and every applicable Using Governmental Unit a waiver of any right to
subrogation which any insurer of said Contractor may acquire against the State or applicable Using
Governmental Unit by virtue of the payment of any loss under such insurance. Contractor agrees to obtain any
endorsement that may be necessary to effect this waiver of subrogation, but this provision applies regardless of
whether or not the State or Using Governmental Unit has received a waiver of subrogation endorsement from
the insurer.
(g) Any deductibles or self-insured retentions must be declared to and approved by the State. The State may
require the Contractor to purchase coverage with a lower deductible or retention or provide proof of ability to
pay losses and related investigations, claim administration, and defense expenses within the retention.
(h) The State reserves the right to modify these requirements, including limits, based on the nature of the risk,
prior experience, insurer, coverage, or other special circumstances.
CONTRACTOR'S OBLIGATION – GENERAL (JAN 2006): The contractor shall provide and pay for all
materials, tools, equipment, labor and professional and non-professional services, and shall perform all other
acts and supply all other things necessary, to fully and properly perform and complete the work. The contractor
must act as the prime contractor and assume full responsibility for any subcontractor’s performance. The
contractor will be considered the sole point of contact with regard to all situations, including payment of all
charges and the meeting of all other requirements.
20
CONTRACTOR PERSONNEL (JAN 2006): The Contractor shall enforce strict discipline and good order
among the Contractor's employees and other persons carrying out the Contract. The Contractor shall not permit
employment of unfit persons or persons not skilled in tasks assigned to them.
DEFAULT – SHORT FORM (JAN 2006): The state may terminate this contract, or any part hereof, for cause
in the event of any default by the contractor, or if the contractor fails to comply with any contract terms and
conditions, or fails to provide the state, upon request, with adequate assurances of future performance. In the
event of termination for cause, the state shall not be liable to the contractor for any amount for supplies or
services not accepted, and the contractor shall be liable to the state for any and all rights and remedies provided
by law. If it is determined that the state improperly terminated this contract for default, such termination shall be
deemed a termination for convenience.
ESTIMATED QUANTITY - UNKNOWN (JAN 2006): The total quantity of purchases of any individual
item on the contract is not known. The State does not guarantee that the State will buy any specified item or total
amount. The omission of an estimated purchase quantity does not indicate a lack of need but rather a lack of
historical information.
INDEMNIFICATION-THIRD PARTY CLAIMS (NOV 2011): Notwithstanding any limitation in this
agreement, and to the fullest extent permitted by law, Contractor shall defend and hold harmless Indemnitees for
and against any and all suits or claims of any character (and all related damages, settlement payments, attorneys’
fees, costs, expenses, losses or liabilities) by a third party which are attributable to bodily injury, sickness,
disease or death, or to injury to or destruction of tangible property arising out of or in connection with the goods
or services acquired hereunder or caused in whole or in part by any act or omission of contractor, its
subcontractors, their employees, workmen, servants, agents, or anyone directly or indirectly employed by them
or anyone for whose acts any of them may be liable, regardless of whether or not caused in part by an
Indemnitee, and whether or not such claims are made by a third party or an Indemnitee; however, if an
Indemnitee’s negligent act or omission is subsequently determined to be the sole proximate cause of a suit or
claim, the Indemnitee shall not be entitled to indemnification hereunder. Contractor shall be given timely written
notice of any suit or claim. Contractor’s obligations hereunder are in no way limited by any protection afforded
under workers’ compensation acts, disability benefits acts, or other employee benefit acts. This clause shall not
negate, abridge, or reduce any other rights or obligations of indemnity which would otherwise exist. The
obligations of this paragraph shall survive termination, cancelation, or expiration of the parties’ agreement. This
provision shall be construed fairly and reasonably, neither strongly for nor against either party, and without
regard to any clause regarding insurance. As used in this clause, “Indemnitees” means the State of South
Carolina, its instrumentalities, agencies, departments, boards, political subdivisions and all their respective
officers, agents and employees.
ILLEGAL IMMIGRATION (NOV. 2008) (An overview is available at www.procurement.sc.gov) By
signing your offer, you certify that you will comply with the applicable requirements of Title 8, Chapter 14 of
the South Carolina Code of Laws and agree to provide to the State upon request any documentation required to
establish either: (a) that Title 8, Chapter 14 is inapplicable to you and your subcontractors or sub-
subcontractors; or (b) that you and your subcontractors or sub-subcontractors are in compliance with Title 8,
Chapter 14. Pursuant to Section 8-14-60, "A person who knowingly makes or files any false, fictitious, or
fraudulent document, statement, or report pursuant to this chapter is guilty of a felony, and, upon conviction,
must be fined within the discretion of the court or imprisoned for not more than five years, or both." You agree
to include in any contracts with your subcontractors language requiring your subcontractors to (a) comply with
the applicable requirements of Title 8, Chapter 14, and (b) include in their contracts with the sub-subcontractors
language requiring the sub-subcontractors to comply with the applicable requirements of Title 8, Chapter 14.
[07-7B097-1]
LICENSES AND PERMITS (JAN. 2006): During the term of the contract, the Contractor shall be responsible
for obtaining, and maintaining in good standing, all licenses (including professional licenses, if any), permits,
inspections and related fees for each or any such licenses, permits and/or inspections required by the State,
21
county, city or other governmental entity or unit to accomplish the work specified in this solicitation and the
contract.
PRICE ADJUSTMENT - LIMITED -- AFTER INITIAL TERM ONLY (JAN 2006): Upon approval of the
Procurement Officer, prices may be adjusted for any renewal term. Prices shall not be increased during the
initial term. Any request for a price increase must be received by the Procurement Officer at least ninety (90)
days prior to the expiration of the applicable term and must be accompanied by sufficient documentation to
justify the increase. If approved, a price increase becomes effective starting with the term beginning after
approval. A price increase must be executed as a change order. Contractor may terminate this contract at the end
of the then current term if a price increase request is denied. Notice of termination pursuant to this paragraph
must be received by the Procurement Officer no later than fifteen (15) days after the Procurement Officer sends
contractor notice rejecting the requested price increase.
PRICE ADJUSTMENTS – LIMITED BY CPI “ALL ITEMS” (JAN 2006): Upon request and adequate
justification, the Procurement Officer may grant a price increase up to, but not to exceed, the unadjusted percent
change for the most recent 12 months for which data is available, that is not subject to revision, in the Consumer
Price Index (CPI) for all urban consumers (CPI-U), “all items” for services, as determined by the Procurement
Officer. The Bureau of Labor and Statistics publishes this information on the web at www.bls.gov
RELATIONSHIP OF THE PARTIES (JAN. 2006): Neither party is an employee, agent, partner, or joint
venturer of the other. Neither party has the right or ability to bind the other to any agreement with a third party
or to incur any obligation or liability on behalf of the other party.
SUBCONTRACTOR SUBSTITUTION PROHIBITED-RESIDENT SUBCONTRACTOR
PREFERENCE (SEP 2009): If you receive an award as a result of the subcontractor preference, you may not
substitute any business for the subcontractor upon which you relied to qualify for the preference, unless first
approved in writing by the procurement officer. If you violate this provision, the State may terminate your
contract for cause and you may be debarred. In addition, the procurement officer may require you to pay the
State an amount equal to twice the difference between the price paid by the State and the price offered by the
next lowest bidder, unless the substituted subcontractor qualifies for the preference. [11-35-1524(D)(5)(c)] [07-
7B237-1]
TERM OF CONTRACT – EFFECTIVE DATE / INITIAL CONTRACT PERIOD (JAN 2006): The
effective date of this contract is the first day of the Maximum Contract Period as specified on the final statement
of award. The initial term of this agreement is One (1) year from the effective date. Regardless, this contract
expires no later than the last date stated on the final statement of award. [07-7B240-1]
TERM OF CONTRACT – OPTION TO RENEW (JAN 2006): At the end of the initial term, and at the end
of each renewal term, this contract shall automatically renew for a period of one (1) year unless contractor
receives notice that the state elects not to renew the contract at least thirty (30) days prior to the date of renewal.
Regardless, this contract expires no later than the last date stated on the final statement of award. [07-7B245-1]
TERMINATION FOR CONVENIENCE - SHORT FORM (JAN 2006): The Procurement Officer may
terminate this contract in whole or in part, for the convenience of the State. In such a termination, the
Procurement Officer may require the contractor to transfer title and deliver to the State in the manner and to the
extent directed by the Procurement Officer: (a) any completed supplies; and (b) such partially completed
supplies and materials, parts, tools, dies, jigs, fixtures, plans, drawings, information, and contract rights
(hereinafter called "manufacturing material") as the contractor has specifically produced or specially acquired
for the performance of the terminated part of this contract. Upon such termination, the contractor shall (a) stop
work to the extent specified, (b) terminate any subcontracts as they relate to the terminated work, and (c) be paid
the following amounts without duplication, subject to the other terms of this contract: (i) contract prices for
supplies or services accepted under the contract, (ii) costs incurred in performing the terminated portion of the
work, and (iii) any other reasonable costs that the contractor can demonstrate to the satisfaction of the State,
using its standard record keeping system, have resulted from the termination. The contractor shall not be paid
for any work performed or costs incurred that reasonably could have been avoided. As a condition of payment,
22
contractor shall submit within three months of the effective date of the termination a claim specifying the
amounts due because of the termination. The absence of an appropriate termination for convenience clause in
any subcontract shall not increase the obligation of the state beyond what it would have been had the subcontract
contained such a clause.
PAYMENTS: It is incumbent on Contractor to stay current with payments owed to the University of South
Carolina. Failure to do so may result in termination of the contract. Payment in full is due within thirty (30) days
after pick up.
VIII. BIDDING SCHEDULE
The minimum pick up will be twenty-four (24) pallets. The contractor(s) will pick up materials on an as needed
basis – approximately once a month.
LOT 1: Scrap Electronics
Item No. Description Unit Price
1 Price per Pound (lb) $_______
Resident Contractor Preference _____
Resident Sub-Contractor Preference (2%) _____ Number of Sub-Contractors ______
Resident Sub-Contractor Preference (4%) _____ Number of Sub-Contractors ______
Note: The service preferences do not apply to a bid for an item of work by the bidder if the annual price
of the bidder’s work exceeds $50,000 or the total potential price of the bidder’s work exceeds $500,000.
[11-35-1524(E)(3)]
Please refer to the preference clauses listed in the additional conditions of this solicitation to ensure that
you qualify to select the above preferences.
Bidder is to submit the following for preferences requested above:
1) Identify the subcontractor to perform the work:
2) Identify the work the subcontractor is to perform:
3) Bidder’s factual basis for concluding that the subcontractor’s work constitutes the required percentage of
the work to be performed in the procurement.
LOT 2: Misc Scrap Metal
Item No. Description Unit Price
1 Price per Pound (lb) $_______
23
Resident Contractor Preference _____
Resident Sub-Contractor Preference (2%) _____ Number of Sub-Contractors ______
Resident Sub-Contractor Preference (4%) _____ Number of Sub-Contractors ______
Note: The service preferences do not apply to a bid for an item of work by the bidder if the annual price
of the bidder’s work exceeds $50,000 or the total potential price of the bidder’s work exceeds $500,000.
[11-35-1524(E)(3)]
Please refer to the preference clauses listed in the additional conditions of this solicitation to ensure that
you qualify to select the above preferences.
Bidder is to submit the following for preferences requested above:
1) Identify the subcontractor to perform the work:
2) Identify the work the subcontractor is to perform:
3) Bidder’s factual basis for concluding that the subcontractor’s work constitutes the required percentage of
the work to be performed in the procurement.
IX. ATTACHMENTS TO SOLICITATION
1. IMPORTANT TAX NOTICE – NONRESIDENTS ONLY
2. NONRESIDENT TAXPAYER REGISTRATION AFFIDAVIT INCOME TAX
WITHHOLDING (DEPT. OF REVENUE FORM I-312)
3. OFFEROR’S CHECKLIST
24
IMPORTANT TAX NOTICE - NONRESIDENTS ONLY
Withholding Requirements for Payments to Nonresidents: Section 12-8-550 of the South Carolina
Code of Laws requires persons hiring or contracting with a nonresident conducting a business or
performing personal services of a temporary nature within South Carolina to withhold 2% of each
payment made to the nonresident. The withholding requirement does not apply to (1) payments on
purchase orders for tangible personal property when the payments are not accompanied by services to
be performed in South Carolina, (2) nonresidents who are not conducting business in South Carolina,
(3) nonresidents for contracts that do not exceed $10,000 in a calendar year, or (4) payments to a
nonresident who (a) registers with either the S.C. Department of Revenue or the S.C. Secretary of State
and (b) submits a Nonresident Taxpayer Registration Affidavit - Income Tax Withholding, Form I-312
to the person letting the contract.
The withholding requirement applies to every governmental entity that uses a contract ("Using
Entity"). Nonresidents should submit a separate copy of the Nonresident Taxpayer Registration
Affidavit - Income Tax Withholding, Form I-312 to every Using Entity that makes payment to the
nonresident pursuant to this solicitation. Once submitted, an affidavit is valid for all contracts between
the nonresident and the Using Entity, unless the Using Entity receives notice from the Department of
Revenue that the exemption from withholding has been revoked.
-----------------------
Section 12-8-540 requires persons making payment to a nonresident taxpayer of rentals or royalties at
a rate of $1,200.00 or more a year for the use of or for the privilege of using property in South Carolina
to withhold 7% of the total of each payment made to a nonresident taxpayer who is not a corporation
and 5% if the payment is made to a corporation. Contact the Department of Revenue for any applicable
exceptions.
-----------------------
For information about other withholding requirements (e.g., employee withholding), contact the
Withholding Section at the South Carolina Department of Revenue at 803-898-5383 or visit the
Department’s website at www.sctax.org.
-----------------------
This notice is for informational purposes only. This agency does not administer and has no authority
over tax issues. All registration questions should be directed to the License and Registration Section at
803-898-5872 or to the South Carolina Department of Revenue, Registration Unit, Columbia, S.C.
29214-0140. All withholding questions should be directed to the Withholding Section at 803-898-
5383.
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STATE OF SOUTH CAROLINA
DEPARTMENT OF REVENUE NONRESIDENT TAXPAYER
REGISTRATION AFFIDAVIT
INCOME TAX WITHHOLDING
I-312 (Rev. 5/7/04)
3323
The undersigned nonresident taxpayer on oath, being first duly sworn, hereby certifies as follows:
1. Name of Nonresident Taxpayer:
2. Trade Name, if applicable (Doing Business As):
3. Mailing Address:
4. Federal Identification Number:
5. Hiring or Contracting with:
Name:
Address:
Receiving Rentals or Royalties From:
Name:
Address:
Beneficiary of Trusts and Estates:
Name:
Address:
6. I hereby certify that the above named nonresident taxpayer is currently registered with
(check the appropriate box):
The South Carolina Secretary of State or ڤ
The South Carolina Department of Revenueڤ
Date of Registration:
7. I understand that by this registration, the above named nonresident taxpayer has agreed to be subject to the jurisdiction
of the South Carolina Department of Revenue and the courts of South Carolina to determine its South Carolina tax
liability, including estimated taxes, together with any related interest and penalties.
8. I understand the South Carolina Department of Revenue may revoke the withholding exemption granted under Code
Sections 12-8-540 (rentals), 12-8-550 (temporarily doing business or professional services in South Carolina), and 12-8-
570 (distributions to nonresident beneficiary by trusts or estates) at any time it determines that the above named
nonresident taxpayer is not cooperating with the Department in the determination of its correct South Carolina tax
liability.
The undersigned understands that any false statement contained herein could be punished by fine, imprisonment or both.
Recognizing that I am subject to the criminal penalties under Code Section 12-54-44 (B) (6) (a) (i), I declare that I have
examined this affidavit and to the best of my knowledge and belief, it is true, correct and complete.
(Seal)
Signature of Nonresident Taxpayer (Owner, Partner or Corporate Officer, when relevant) Date
If Corporate officer state title:
(Name - Please Print)
Mail to: The company or individual you are contracting with.
26
OFFEROR'S CHECKLIST
AVOID COMMON BID/PROPOSAL MISTAKES
Review this checklist prior to submitting your bid/proposal.
If you fail to follow this checklist, you risk having your bid/proposal rejected.
DO NOT INCLUDE ANY OF YOUR STANDARD CONTRACT FORMS!
UNLESS EXPRESSLY REQUIRED, DO NOT INCLUDE ANY ADDITIONAL BOILERPLATE CONTRACT
CLAUSES.
REREAD YOUR ENTIRE BID/PROPOSAL TO MAKE SURE YOUR BID/PROPOSAL DOES NOT TAKE
EXCEPTION TO ANY OF THE STATE'S MANDATORY REQUIREMENTS.
MAKE SURE YOU HAVE PROPERLY MARKED ALL PROTECTED, CONFIDENTIAL, OR TRADE SECRET
INFORMATION IN ACCORDANCE WITH THE INSTRUCTIONS ENTITLED: SUBMITTING
CONFIDENTIAL INFORMATION. DO NOT MARK YOUR ENTIRE BID/PROPOSAL AS CONFIDENTIAL,
TRADE SECRET, OR PROTECTED! DO NOT INCLUDE A LEGEND ON THE COVER STATING THAT YOUR
ENTIRE RESPONSE IS NOT TO BE RELEASED!
HAVE YOU PROPERLY ACKNOWLEDGED ALL AMENDMENTS? INSTRUCTIONS REGARDING HOW TO
ACKNOWLEDGE AN AMENDMENT SHOULD APPEAR IN ALL AMENDMENTS ISSUED.
MAKE SURE YOUR BID/PROPOSAL INCLUDES A COPY OF THE SOLICITATION COVER PAGE. MAKE SURE
THE COVER PAGE IS SIGNED BY A PERSON THAT IS AUTHORIZED TO CONTRACTUALLY BIND YOUR
BUSINESS.
MAKE SURE YOUR BID/PROPOSAL INCLUDES THE NUMBER OF COPIES REQUESTED.
CHECK TO ENSURE YOUR BID/PROPOSAL INCLUDES EVERYTHING REQUESTED!
IF YOU HAVE CONCERNS ABOUT THE SOLICITATION, DO NOT RAISE THOSE CONCERNS IN YOUR
RESPONSE! AFTER OPENING, IT IS TOO LATE! IF THIS SOLICITATION INCLUDES A PRE-
BID/PROPOSAL CONFERENCE OR A QUESTION & ANSWER PERIOD, RAISE YOUR QUESTIONS AS A
PART OF THAT PROCESS! PLEASE SEE INSTRUCTIONS UNDER THE HEADING "SUBMISSION OF
QUESTIONS" AND ANY PROVISIONS REGARDING PRE-BID/PROPOSAL CONFERENCES.
This checklist is included only as a reminder to help offerors avoid common mistakes.
Responsiveness will be evaluated against the solicitation, not against this checklist.
You do not need to return this checklist with your response.